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UNITED STATES EX REL. FOYE v. LaVALLE

No. 1040, Docket 74-1231.

499 F.2d 1242 (1974)

UNITED STATES of America ex rel. George FOYE, Petitioner-Appellant, v. J. E. LaVALLE, Superintendent of Clinton Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 10, 1974.

Attorney(s) appearing for the Case

Michael Davidoff, Monticello, N. Y., for petitioner-appellant.

Louis J. Lefkowitz, Atty. Gen., of N. Y., by Jean B. Mechanic, Deputy Asst. Atty. Gen., for respondent-appellee.

Before TIMBERS and SMITH, Circuit Judges and TYLER, District Judge.

TYLER, District Judge:

George Foye, convicted of murder of a child in the Supreme Court of New York, Sullivan County, on July 31, 1973, appeals from a memorandum and order of the United States District Court for the Northern District of New York on January 4, 1974, denying his petition for habeas corpus relief. Although we recognize that the district court ultimately may be proved correct in its decision to entirely deny habeas relief, we remand for further proceedings...

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